Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS for HB 7039
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
03/10/2020 10:47 AM . 03/12/2020 12:59 PM
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Senator Baxley moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Chapters 2003-287 and 2006-43, Laws of Florida,
6 are repealed.
7 Section 2. Subsection (4) of section 215.5586, Florida
8 Statutes, is amended to read:
9 215.5586 My Safe Florida Home Program.—There is established
10 within the Department of Financial Services the My Safe Florida
11 Home Program. The department shall provide fiscal
12 accountability, contract management, and strategic leadership
13 for the program, consistent with this section. This section does
14 not create an entitlement for property owners or obligate the
15 state in any way to fund the inspection or retrofitting of
16 residential property in this state. Implementation of this
17 program is subject to annual legislative appropriations. It is
18 the intent of the Legislature that the My Safe Florida Home
19 Program provide trained and certified inspectors to perform
20 inspections for owners of site-built, single-family, residential
21 properties and grants to eligible applicants as funding allows.
22 The program shall develop and implement a comprehensive and
23 coordinated approach for hurricane damage mitigation that may
24 include the following:
25 (4) ADVISORY COUNCIL.—There is created an advisory council
26 to provide advice and assistance to the department regarding
27 administration of the program. The advisory council shall
28 consist of:
29 (a) A representative of lending institutions, selected by
30 the Financial Services Commission from a list of at least three
31 persons recommended by the Florida Bankers Association.
32 (b) A representative of residential property insurers,
33 selected by the Financial Services Commission from a list of at
34 least three persons recommended by the Florida Insurance
35 Council.
36 (c) A representative of home builders, selected by the
37 Financial Services Commission from a list of at least three
38 persons recommended by the Florida Home Builders Association.
39 (d) A faculty member of a state university, selected by the
40 Financial Services Commission, who is an expert in hurricane
41 resistant construction methodologies and materials.
42 (e) Two members of the House of Representatives, selected
43 by the Speaker of the House of Representatives.
44 (f) Two members of the Senate, selected by the President of
45 the Senate.
46 (g) The Chief Executive Officer of the Federal Alliance for
47 Safe Homes, Inc., or his or her designee.
48 (h) The senior officer of the Florida Hurricane Catastrophe
49 Fund.
50 (i) The executive director of Citizens Property Insurance
51 Corporation.
52 (j) The director of the Florida Division of Emergency
53 Management.
54
55 Members appointed under paragraphs (a)-(d) shall serve at the
56 pleasure of the Financial Services Commission. Members appointed
57 under paragraphs (e) and (f) shall serve at the pleasure of the
58 appointing officer. All other members shall serve as voting ex
59 officio members. Members of the advisory council shall serve
60 without compensation but may receive reimbursement as provided
61 in s. 112.061 for per diem and travel expenses incurred in the
62 performance of their official duties.
63 Section 3. Subsection (1) of section 267.0731, Florida
64 Statutes, is amended to read:
65 267.0731 Great Floridians Program.—The division shall
66 establish and administer a program, to be entitled the Great
67 Floridians Program, which shall be designed to recognize and
68 record the achievements of Floridians, living and deceased, who
69 have made major contributions to the progress and welfare of
70 this state.
71 (1)(a) The division shall nominate present or former
72 citizens of this state, living or deceased, who during their
73 lives have made major contributions to the progress of the
74 nation or this state and its citizens. Nominations shall be
75 submitted to the Secretary of State who shall select from those
76 nominated not less than two persons each year who shall be
77 honored with the designation “Great Floridian,” provided no
78 person whose contributions have been through elected or
79 appointed public service shall be selected while holding any
80 such office.
81 (b)(a) To enhance public participation and involvement in
82 the identification of any person worthy of being nominated as a
83 Great Floridian, the division shall seek advice and assistance
84 from persons qualified through the demonstration of special
85 interest, experience, or education in the dissemination of
86 knowledge about the state’s history.
87 (b) Annually, the division shall convene an ad hoc
88 committee composed of representatives of the Governor, each
89 member of the Florida Cabinet, the President of the Senate, the
90 Speaker of the House of Representatives, and the Secretary of
91 State. This committee shall meet at least twice. The committee
92 shall nominate not fewer than two persons whose names shall be
93 submitted to the Secretary of State with the recommendation that
94 they be honored with the designation “Great Floridian.”
95 Section 4. Subsection (3) of section 373.4597, Florida
96 Statutes, is amended to read:
97 373.4597 The Geneva Freshwater Lens Protection Act.—
98 (3) The Legislature hereby directs the appropriate state
99 agencies to implement, by December 1, 1995, recommendations of
100 the Geneva Freshwater Lens Task Force that do not require rule
101 amendments. The Legislature directs such agencies to act, by
102 July 1, 1996, upon recommendations of the task force that
103 require rule amendments, unless otherwise noted in the report.
104 The requirements of this bill related to actions to be taken by
105 appropriate state agencies shall not require expenditures to be
106 made by the government of Seminole County. The St. Johns River
107 Water Management District shall continue to implement the
108 recommendations contained in the Geneva Freshwater Lens Task
109 Force report to the Legislature.
110 Section 5. Section 376.86, Florida Statutes, is repealed.
111 Section 6. Subsection (3) of section 378.032, Florida
112 Statutes, is amended to read:
113 378.032 Definitions.—As used in ss. 378.032-378.038, the
114 term:
115 (3) “Committee” means the Nonmandatory Land Reclamation
116 Committee.
117 Section 7. Section 378.033, Florida Statutes, is repealed.
118 Section 8. Subsections (5), (6), (7), (9), and (10) of
119 section 378.034, Florida Statutes, are amended to read:
120 378.034 Submission of a reclamation program request;
121 procedures.—
122 (5)(a) The department staff shall, by February 1 of each
123 year, present to the secretary committee for his or her its
124 consideration those reclamation program applications received by
125 the preceding November 1.
126 (b) The department staff shall recommend an order of
127 priority for the reclamation program applications that is
128 consistent with subsection (6).
129 (c) The recommendation of the department staff shall
130 include an estimate of the cost of each reclamation program or
131 land acquisition.
132 (6) The committee shall recommend approval, modification,
133 or denial of the reclamation program applications, associated
134 cost estimates, and the department staff’s recommended
135 prioritized list. Recommendations on the order of priority shall
136 be based, among other criteria, on the following criteria;
137 however, department staff the committee may give greater weight
138 to one or more of the criteria depending on the overall needs of
139 the nonmandatory land reclamation program:
140 (a) Whether health and safety hazards exist; and, if so,
141 such hazards shall be given the greatest weight;
142 (b) Whether the economic or environmental utility or the
143 aesthetic value of the land will return naturally within a
144 reasonable period of time;
145 (c) Whether there is a reasonable geographic and applicant
146 diversity in light of previously awarded reclamation contracts,
147 reclamation program applications before the department staff
148 committee, and the remaining eligible lands;
149 (d) Whether reclamation is in the public interest;
150 (e) Whether the land has been naturally reclaimed or is
151 eligible for acquisition by the state for hunting, fishing, or
152 other outdoor recreation purposes or for wildlife preservation;
153 (f) Whether the land is to be reclaimed for agricultural
154 use and the applicant has agreed to maintain the land in
155 agricultural use for at least 5 years after the completion of
156 the reclamation;
157 (g) Whether the program, alone or in conjunction with other
158 reclamation programs, will provide a substantial regional
159 benefit;
160 (h) Whether the program, alone or in conjunction with other
161 reclamation programs, will benefit regional drainage patterns;
162 (i) Whether the land is publicly owned and will be
163 reclaimed for public purposes;
164 (j) Whether the program includes a donation or agreement to
165 sell a portion of the program application area to the state for
166 outdoor recreational or wildlife habitat protection purposes;
167 (k) Whether the program is cost-effective in achieving the
168 goals of the nonmandatory land reclamation program; and
169 (l) Whether the program will reclaim lands described in
170 subsection (2).
171 (7) The prioritized list developed by department staff
172 approved by the committee may contain more reclamation program
173 applications than there are funds available during the year.
174 (9) The committee recommendations shall be submitted to the
175 secretary by April 1 of each year for final agency action By
176 June 1 of each that year,. the secretary shall approve, in whole
177 or in part, the list of reclamation program applications in the
178 order of priority in which the applications are presented by
179 department staff.
180 (10) Any approved reclamation program application that was
181 not funded shall, at the request of the applicant, be considered
182 by department staff the committee at its next meeting called for
183 that purpose, together with other reclamation program
184 applications received by November 1 of the next year.
185 Section 9. Section 379.2524, Florida Statutes, is repealed.
186 Section 10. Paragraph (b) of subsection (4) of section
187 379.361, Florida Statutes, is amended to read:
188 379.361 Licenses.—
189 (4) SPECIAL ACTIVITY LICENSES.—
190 (b) The Fish and Wildlife Conservation Commission is
191 authorized to issue special activity licenses in accordance with
192 this section and s. 379.2524, to permit the importation and
193 possession of wild anadromous sturgeon. The commission is also
194 authorized to issue special activity licenses, in accordance
195 with this section and s. 379.2524, to permit the importation,
196 possession, and aquaculture of native and nonnative anadromous
197 sturgeon until best management practices are implemented for the
198 cultivation of anadromous sturgeon pursuant to s. 597.004. The
199 special activity license shall provide for specific management
200 practices to protect native populations of saltwater species.
201 Section 11. Paragraph (b) of subsection (2) of section
202 379.367, Florida Statutes, is amended to read:
203 379.367 Spiny lobster; regulation.—
204 (2)
205 (b) Twenty-five dollars of the $125 fee for a spiny lobster
206 endorsement required under subparagraph (a)1. must be used only
207 for trap retrieval as provided in s. 379.2424. The remainder of
208 the fees collected under paragraph (a) shall be deposited as
209 follows:
210 1. Fifty percent of the fees collected shall be deposited
211 in the Marine Resources Conservation Trust Fund for use in
212 enforcing the provisions of paragraph (a) through aerial and
213 other surveillance and trap retrieval.
214 2. Fifty percent of the fees collected shall be deposited
215 as provided in s. 379.3671(4) s. 379.3671(5).
216 Section 12. Subsection (4) of section 379.3671, Florida
217 Statutes, is amended to read:
218 379.3671 Spiny lobster trap certificate program.—
219 (4) TRAP CERTIFICATE TECHNICAL ADVISORY AND APPEALS BOARD.
220 There is hereby established the Trap Certificate Technical
221 Advisory and Appeals Board. Such board shall consider and advise
222 the commission on disputes and other problems arising from the
223 implementation of the spiny lobster trap certificate program.
224 The board may also provide information to the commission on the
225 operation of the trap certificate program.
226 (a) The board shall consist of the executive director of
227 the commission or designee and nine other members appointed by
228 the executive director, according to the following criteria:
229 1. All appointed members shall be certificateholders, but
230 two shall be holders of fewer than 100 certificates, two shall
231 be holders of at least 100 but no more than 750 certificates,
232 three shall be holders of more than 750 but not more than 2,000
233 certificates, and two shall be holders of more than 2,000
234 certificates.
235 2. At least one member each shall come from Broward, Miami
236 Dade, and Palm Beach Counties; and five members shall come from
237 the various regions of the Florida Keys.
238 3. At least one appointed member shall be a person of
239 Hispanic origin capable of speaking English and Spanish.
240 (b) The term of each appointed member shall be for 4 years,
241 and any vacancy shall be filled for the balance of the unexpired
242 term with a person of the qualifications necessary to maintain
243 the requirements of paragraph (a). There shall be no limitation
244 on successive appointments to the board.
245 (c) The executive director of the commission or designee
246 shall serve as a member and shall call the organizational
247 meeting of the board. The board shall annually elect a chair and
248 a vice chair. There shall be no limitation on successive terms
249 that may be served by a chair or vice chair. The board shall
250 meet at the call of its chair, at the request of a majority of
251 its membership, at the request of the commission, or at such
252 times as may be prescribed by its rules. A majority of the board
253 shall constitute a quorum, and official action of the board
254 shall require a majority vote of the total membership of the
255 board present at the meeting.
256 (d) The procedural rules adopted by the board shall conform
257 to the requirements of chapter 120.
258 (e) Members of the board shall be reimbursed for per diem
259 and travel expenses as provided in s. 112.061.
260 (f) Upon reaching a decision on any dispute or problem
261 brought before it, including any decision involving the
262 allotment of certificates under paragraph (g), the board shall
263 submit such decision to the executive director of the commission
264 for final approval. The executive director of the commission may
265 alter or disapprove any decision of the board, with notice
266 thereof given in writing to the board and to each party in the
267 dispute explaining the reasons for the disapproval. The action
268 of the executive director of the commission constitutes final
269 agency action.
270 (g) In addition to those certificates allotted pursuant to
271 the provisions of subparagraph (2)(a)1., up to 125,000
272 certificates may be allotted by the board to settle disputes or
273 other problems arising from implementation of the trap
274 certificate program during the 1992-1993 and 1993-1994 license
275 years. Any certificates not allotted by March 31, 1994, shall
276 become permanently unavailable and shall be considered as part
277 of the 1994-1995 reduction schedule. All appeals for additional
278 certificates or other disputes must be filed with the board
279 before October 1, 1993.
280 (h) Any trap certificates issued by the Department of
281 Environmental Protection and, effective July 1, 1999, the
282 commission as a result of the appeals process must be added to
283 the existing number of trap certificates for the purposes of
284 determining the total number of certificates from which the
285 subsequent season’s trap reduction is calculated.
286 (i) On and after July 1, 1994, the board shall no longer
287 consider and advise the Fish and Wildlife Conservation
288 Commission on disputes and other problems arising from
289 implementation of the trap certificate program nor allot any
290 certificates with respect thereto.
291 Section 13. Section 403.42, Florida Statutes, is repealed.
292 Section 14. Section 403.87, Florida Statutes, is repealed.
293 Section 15. Paragraph (h) of subsection (11) of section
294 408.910, Florida Statutes, is amended to read:
295 408.910 Florida Health Choices Program.—
296 (11) CORPORATION.—There is created the Florida Health
297 Choices, Inc., which shall be registered, incorporated,
298 organized, and operated in compliance with part III of chapter
299 112 and chapters 119, 286, and 617. The purpose of the
300 corporation is to administer the program created in this section
301 and to conduct such other business as may further the
302 administration of the program.
303 (h) The corporation may establish technical advisory panels
304 consisting of interested parties, including consumers, health
305 care providers, individuals with expertise in insurance
306 regulation, and insurers.
307 Section 16. Subsection (3) of section 409.997, Florida
308 Statutes, is amended to read:
309 409.997 Child welfare results-oriented accountability
310 program.—
311 (3) The department shall establish a technical advisory
312 panel consisting of representatives from the Florida Institute
313 for Child Welfare established pursuant to s. 1004.615, lead
314 agencies, community-based care providers, other contract
315 providers, community alliances, and family representatives. The
316 President of the Senate and the Speaker of the House of
317 Representatives shall each appoint a member to serve as a
318 legislative liaison to the panel. The technical advisory panel
319 shall advise the department on the implementation of the
320 results-oriented accountability program.
321 Section 17. Section 411.226, Florida Statutes, is repealed.
322 Section 18. Section 430.05, Florida Statutes, is repealed.
323 Section 19. Subsection (7) of section 571.24, Florida
324 Statutes, is amended to read:
325 571.24 Purpose; duties of the department.—The purpose of
326 this part is to authorize the department to establish and
327 coordinate the Florida Agricultural Promotional Campaign. The
328 Legislature intends for the Florida Agricultural Promotional
329 Campaign to serve as a marketing program to promote Florida
330 agricultural commodities, value-added products, and
331 agricultural-related businesses and not as a food safety or
332 traceability program. The duties of the department shall
333 include, but are not limited to:
334 (7) Assisting the representative of the department who
335 serves on the Florida Agricultural Promotional Campaign Advisory
336 Council.
337 Section 20. Section 571.28, Florida Statutes, is repealed.
338 Section 21. Section 595.701, Florida Statutes, is repealed.
339 Section 22. Section 603.203, Florida Statutes, is repealed.
340 Section 23. Section 603.204, Florida Statutes, is amended
341 to read:
342 603.204 South Florida Tropical Fruit Plan.—The Commissioner
343 of Agriculture, in consultation with the Tropical Fruit Advisory
344 Council, shall develop and update a South Florida Tropical Fruit
345 Plan, which shall identify problems and constraints of the
346 tropical fruit industry, propose possible solutions to such
347 problems, and develop planning mechanisms for orderly growth of
348 the industry, including:
349 (1) Criteria for tropical fruit research, service, and
350 management priorities.
351 (2) Proposed legislation that may be required.
352 (3) Plans relating to other tropical fruit programs and
353 related disciplines in the State University System.
354 (4) Potential tropical fruit products in terms of market
355 and needs for development.
356 (5) Evaluation of production and fresh fruit policy
357 alternatives, including, but not limited to, setting minimum
358 grades and standards, promotion and advertising, development of
359 production and marketing strategies, and setting minimum
360 standards on types and quality of nursery plants.
361 (6) Evaluation of policy alternatives for processed
362 tropical fruit products, including, but not limited to, setting
363 minimum quality standards and development of production and
364 marketing strategies.
365 (7) Research and service priorities for further development
366 of the tropical fruit industry.
367 (8) Identification of state agencies and public and private
368 institutions concerned with research, education, extension,
369 services, planning, promotion, and marketing functions related
370 to tropical fruit development, and delineation of contributions
371 and responsibilities. The recommendations in the plan relating
372 to education or research shall be submitted to the Institute of
373 Food and Agricultural Sciences.
374 (9) Business planning, investment potential, financial
375 risks, and economics of production and use.
376 Section 24. Paragraphs (a) through (f) of subsection (4) of
377 section 1001.7065, Florida Statutes, are amended to read:
378 1001.7065 Preeminent state research universities program.—
379 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
380 ONLINE LEARNING.—A state research university that, as of July 1,
381 2013, meets all 12 of the academic and research excellence
382 standards identified in subsection (2), as verified by the Board
383 of Governors, shall establish an institute for online learning.
384 The institute shall establish a robust offering of high-quality,
385 fully online baccalaureate degree programs at an affordable cost
386 in accordance with this subsection.
387 (a) By August 1, 2013, the Board of Governors shall convene
388 an advisory board to support the development of high-quality,
389 fully online baccalaureate degree programs at the university.
390 (b) The advisory board shall:
391 1. Offer expert advice, as requested by the university, in
392 the development and implementation of a business plan to expand
393 the offering of high-quality, fully online baccalaureate degree
394 programs.
395 2. Advise the Board of Governors on the release of funding
396 to the university upon approval by the Board of Governors of the
397 plan developed by the university.
398 3. Monitor, evaluate, and report on the implementation of
399 the plan to the Board of Governors, the Governor, the President
400 of the Senate, and the Speaker of the House of Representatives.
401 (c) The advisory board shall be composed of the following
402 five members:
403 1. The chair of the Board of Governors or the chair’s
404 permanent designee.
405 2. A member with expertise in online learning, appointed by
406 the Board of Governors.
407 3. A member with expertise in global marketing, appointed
408 by the Governor.
409 4. A member with expertise in cloud virtualization,
410 appointed by the President of the Senate.
411 5. A member with expertise in disruptive innovation,
412 appointed by the Speaker of the House of Representatives.
413 (d) The president of the university shall be consulted on
414 the advisory board member appointments.
415 (e) A majority of the advisory board shall constitute a
416 quorum, elect the chair, and appoint an executive director.
417 (f) By September 1, 2013, the university shall submit to
418 the advisory board a comprehensive plan to expand high-quality,
419 fully online baccalaureate degree program offerings. The plan
420 shall include:
421 1. Existing on-campus general education courses and
422 baccalaureate degree programs that will be offered online.
423 2. New courses that will be developed and offered online.
424 3. Support services that will be offered to students
425 enrolled in online baccalaureate degree programs.
426 4. A tuition and fee structure that meets the requirements
427 in paragraph (k) for online courses, baccalaureate degree
428 programs, and student support services.
429 5. A timeline for offering, marketing, and enrolling
430 students in the online baccalaureate degree programs.
431 6. A budget for developing and marketing the online
432 baccalaureate degree programs.
433 7. Detailed strategies for ensuring the success of students
434 and the sustainability of the online baccalaureate degree
435 programs.
436
437 Upon recommendation of the plan by the advisory board and
438 approval by the Board of Governors, the Board of Governors shall
439 award the university $10 million in nonrecurring funds and $5
440 million in recurring funds for fiscal year 2013-2014 and $5
441 million annually thereafter, subject to appropriation in the
442 General Appropriations Act.
443 Section 25. Section 1002.77, Florida Statutes, is repealed.
444 Section 26. Subsection (11) of section 1002.83, Florida
445 Statutes, is amended to read:
446 1002.83 Early learning coalitions.—
447 (11) Each early learning coalition shall establish terms
448 for all appointed members of the coalition. The terms must be
449 staggered and must be a uniform length that does not exceed 4
450 years per term. Coalition chairs shall be appointed for 4 years
451 in conjunction with their membership on the Early Learning
452 Advisory Council pursuant to s. 20.052. Appointed members may
453 serve a maximum of two consecutive terms. When a vacancy occurs
454 in an appointed position, the coalition must advertise the
455 vacancy.
456 Section 27. This act shall take effect July 1, 2020.
457
458 ================= T I T L E A M E N D M E N T ================
459 And the title is amended as follows:
460 Delete everything before the enacting clause
461 and insert:
462 A bill to be entitled
463 An act relating to the repeal of advisory bodies and
464 programs; repealing chapters 2003-287 and 2006-43,
465 Laws of Florida, relating to the membership, powers,
466 and duties of the Citrus/Hernando Waterways
467 Restoration Council; amending s. 215.5586, F.S.;
468 deleting the advisory council for the My Safe Florida
469 Home Program; amending s. 267.0731, F.S.; removing the
470 ad hoc committee that nominates persons for
471 designation as Great Floridian; amending s. 373.4597,
472 F.S.; deleting references to the Geneva Freshwater
473 Lens Task Force; repealing s. 376.86, F.S., relating
474 to the Brownfield Areas Loan Guarantee Council and
475 program; amending s. 378.032, F.S.; deleting a
476 definition to conform to changes made by the act;
477 repealing s. 378.033, F.S., relating to the
478 Nonmandatory Land Reclamation Committee; amending s.
479 378.034, F.S.; conforming provisions to changes made
480 by the act; repealing s. 379.2524, F.S., relating to
481 the Sturgeon Production Working Group; amending ss.
482 379.361 and 379.367, F.S.; conforming cross
483 references; amending s. 379.3671, F.S.; deleting the
484 Trap Certificate Technical Advisory and Appeals Board;
485 repealing s. 403.42, F.S., relating to the Clean Fuel
486 Florida Advisory Board; repealing s. 403.87, F.S.,
487 relating to the technical advisory council for water
488 and domestic wastewater operator certification;
489 amending s. 408.910, F.S.; deleting references to
490 technical advisory panels that may be established by
491 Florida Health Choices, Inc.; amending s. 409.997,
492 F.S.; deleting the child welfare results-oriented
493 accountability program technical advisory panel;
494 repealing s. 411.226, F.S., relating to the Learning
495 Gateway program and steering committee; repealing s.
496 430.05, F.S., relating to the Department of Elderly
497 Affairs Advisory Council; amending s. 571.24, F.S.;
498 conforming a provision to changes made by the act;
499 repealing s. 571.28, F.S., relating to the Florida
500 Agricultural Promotional Campaign Advisory Council;
501 repealing s. 595.701, F.S., relating to the Healthy
502 Schools for Healthy Lives Council; repealing s.
503 603.203, F.S., relating to the Tropical Fruit Advisory
504 Council; amending s. 603.204, F.S.; conforming a
505 provision to changes made by the act; amending s.
506 1001.7065, F.S.; deleting the advisory board to
507 support specific online degree programs at preeminent
508 state research universities; repealing s. 1002.77,
509 F.S., relating to the Florida Early Learning Advisory
510 Council; amending s. 1002.83, F.S.; conforming a
511 provision to changes made by the act; providing an
512 effective date.